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Mountain View ERISA Disability Attorney

Mountain View ERISA Disability Attorney

Assisting Individuals Who Have Had Their Disability Benefits Denied

Are you covered by an ERISA regulated welfare benefits plan? Did you recently submit a disability claim only to have your benefits refused by the big insurance company? If so, our team is standing by, ready to help. At Kantor & Kantor LLP, our Mountain View ERISA disability attorneys are committed to fighting for the rights and interests of disability applicants in the Bay Area.

Important Things You Need to Know About ERISA Disability Claims

The Employee Retirement Income Security Act of 1974 (ERISA) puts many strict regulations on how disability claims are processed for plans covered by this federal law. All applicants should be aware of the following three basic steps of filing a claim:

  • Submitting a disability claim: When you submit your claim, you can expect to receive an update from the insurance company within 45 days. That update will consist of one of the following three things: 1) An acceptance of your claim 2) A denial of your claim 3) A notification that the insurance company needs 30 more days to make an initial decision.
  • Waiting for a decision: If your disability claim is denied, then you will get a letter from the insurer that explains the company’s reasoning. It is important that you carefully read and understand your denial letter. When you appeal, you need to make an active effort to push back against the reasons why your claim was denied.
  • Filing an initial appeal: Under ERISA, your first appeal must be filed internally with the insurance company. This administrative appeal must be filed within 180 days after you have received your denial letter. What happens if you fail to act in time? With very limited exceptions, you will lose out on your right to take any additional action. Do not let this happen to you.

The Most Important Thing You Need to Know About ERISA Disability Lawsuits

Before you can bring a lawsuit for disability benefits under ERISA, you must exhaust all other available remedies. This means that you must take your claim through the full administrative appeals process. During this part of the appeals process, you can submit additional evidence that supports the existence and extent of your medical condition. However, once the internal review ends, you will not be able to submit any more evidence into your claim file. Put another way, you cannot submit any new evidence when you file an ERISA disability lawsuit. The court will be limited to the records and statements that are already in your claim file. This is why you need to get a Mountain View attorney by your side the day you get your initial denial letter. Your attorney will make sure that your claim file includes all relevant information.

Contact Our Team Today

Has your ERISA disability claim been denied or refused by the insurance company? We can help. At Kantor & Kantor LLP, our team proudly represents individuals seeking their rightfully owed disability benefits in Mountain View, CA. If you need legal help, please contact our California ERISA attorneys today to set up a free review, no-commitment review of your claim.

Get The Help You Need Today